Response to Office Action

AMZEEQ

VYNE PHARMACEUTICALS LTD

Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88246823
LAW OFFICE ASSIGNED LAW OFFICE 106
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88246823/mark.png
LITERAL ELEMENT AMZEEQ
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) maroon, teal, charcoal, silver. is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of The color(s) maroon, teal, charcoal and silver is/are claimed as a feature of the mark. The mark consists of the word "amzeeq" written in stylized lower-case letters with a drop design located above the word consisting of the colors maroon, teal, charcoal and silver arranged in swirls to give a 3D appearance. The white in the mark is for background purposes and is not part of the mark.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 005
DESCRIPTION Pharmaceutical preparations
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 005
TRACKED TEXT DESCRIPTION
Pharmaceutical preparations; Dermatological pharmaceutical preparations
FINAL DESCRIPTION Dermatological pharmaceutical preparations
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
COLOR(S) CLAIMED
(If applicable)
The color(s) maroon, teal, charcoal and silver is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the word "amzeeq" written in charcoal stylized lower-case letters with a drop design located above the word consisting of the colors maroon, teal, charcoal and silver arranged in swirls to give a 3D appearance. The white in the mark is for background purposes and is not part of the mark.
SIGNIFICANCE OF MARK AMZEEQ appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance. The word(s) AMZEEQ has no meaning in a foreign language.
SIGNATURE SECTION
RESPONSE SIGNATURE /Christie Baty Hudgins/
SIGNATORY'S NAME Christie Baty Hudgins
SIGNATORY'S POSITION Attorney of Record, DC Bar Member
SIGNATORY'S PHONE NUMBER 202-408-4000
DATE SIGNED 06/25/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Jun 25 19:33:59 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.X.X-2019
0625193359819038-88246823
-620b02630e7b191d1acc7ca7
e73ac514f04040e3542ae5886
6663463c17f073f4-N/A-N/A-
20190625193116483470



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 88246823 AMZEEQ (Stylized and/or with Design, see http://uspto.report/TM/88246823/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 005 for Pharmaceutical preparations
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Pharmaceutical preparations; Dermatological pharmaceutical preparationsClass 005 for Dermatological pharmaceutical preparations
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

ADDITIONAL STATEMENTS
Color Claim
The color(s) maroon, teal, charcoal and silver is/are claimed as a feature of the mark.

Description of mark
The mark consists of the word "amzeeq" written in charcoal stylized lower-case letters with a drop design located above the word consisting of the colors maroon, teal, charcoal and silver arranged in swirls to give a 3D appearance. The white in the mark is for background purposes and is not part of the mark.

Significance of wording, letter(s), or numeral(s)
AMZEEQ appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance. The word(s) AMZEEQ has no meaning in a foreign language.


SIGNATURE(S)
Response Signature
Signature: /Christie Baty Hudgins/     Date: 06/25/2019
Signatory's Name: Christie Baty Hudgins
Signatory's Position: Attorney of Record, DC Bar Member

Signatory's Phone Number: 202-408-4000

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88246823
Internet Transmission Date: Tue Jun 25 19:33:59 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.X-2019062519335981903
8-88246823-620b02630e7b191d1acc7ca7e73ac
514f04040e3542ae58866663463c17f073f4-N/A
-N/A-20190625193116483470



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